Section Text
(1) When the fugitive criminal appears or isbrought before the Magistrate, the Magistrate shall inquire into the case in thesame manner and shall have the same jurisdiction and powers, as nearly as maybe, as if the case were one triable by a Court of Session or High Court.
(2) Without prejudice to thegenerality of the foregoing provisions, the Magistrate shall, in particular,take such evidence as may be produced in support of the requisition of theforeign State 1 [* * * * *], and on behalf of the fugitive criminal,including any evidence to show that the offence of which the fugitive criminalaccused or has been convicted is an offence of political character or is not anextradition offence.
(3) If the Magistrate is ofopinion that a prima facie case is not made out in support of the requisition ofthe foreign State 1 [* * * * *], he shall discharge the fugitivecriminal.
(4) If the Magistrate is ofopinion that a prima facie case is made out in support of the requisition of theforeign State 1 [* * * * *], he may commit the fugitive criminal toprison to await the orders of the Central Government and shall report the resultof his inquiry to the Central Government, and shall forward together with suchreport, and written statement which the fugitive criminal may desire to submitfor the consideration of the Central Government.
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1. Omittedby Act 66 of 1993, Section 3 (w.e.f. 18th December, 1993).